Court: NDNY

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In Willis v. Cty. of Onondaga, No. 14-cv-1306, 2016 WL 7116126 (N.D.N.Y. Dec. 6, 2016), the court dismissed plaintiff’s sexual harassment, racial harassment, retaliation, and other claims asserted under Title VII of the Civil Rights Act of 1964. Here I’ll discuss the court’s evaluation of plaintiff’s Title VII sexual harassment claim. Plaintiff, an African-American heterosexual…

Read More Court Dismisses Sheriff’s Sexual Harassment and Other Claims; Court Assumed Conduct Was “Because of Sex” and Sufficiently “Severe” and “Pervasive” But Was Not Imputable to Defendant
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In Dollinger v. N.Y. State Ins. Fund, No. 314CV908MADDEP, 2016 WL 6833993 (N.D.N.Y. Nov. 18, 2016), the court dismissed plaintiff’s disability discrimination, hostile work environment, and retaliation claims. Plaintiff alleged, inter alia, “that he has been subjected to such treatment because he is ‘regarded as belonging to a group associated with high risk for HIV/AIDS;…

Read More Disability Discrimination Lawsuit Dismissed on the Pleadings; “Gay Terrorist” Email Among Allegations Failing to Meet “Plausibility” Pleading Standard
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In Case v. Onondaga Cty., No. 5:14-cv-272, 2016 WL 6781237 (N.D.N.Y. Nov. 16, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964. As to plaintiff’s harassment claim, the court explained: Here, assuming, without deciding, that [alleged…

Read More Sexual Harassment Claim Dismissed in Light of Policy and Investigation
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An upstate sexual harassment lawsuit, Knapp v. General Electric Company, 16-cv-00340, has been settled (under undisclosed terms) following mandatory mediation. Plaintiff alleged, in her March 23, 2016 federal court complaint, that she was constructively discharged after she complained about sexual harassment. Specifically, plaintiff alleged (e.g.) that a supervisor left her notes such as “you look sexy…

Read More Sexual Harassment Lawsuit Against General Electric Settled
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A recent decision, Kennedy v. Federal Express Corp, 13-cv-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016), a sexual harassment case, illustrates that proving the existence of a hostile work environment is alone insufficient to prevail. In this case, defendant conceded for purposes of its summary judgment motion that the alleged conduct of plaintiff’s supervisor created…

Read More FedEx Not Liable For Hostile Work Environment Sexual Harassment; Faragher/Ellerth Defense Cited and Applied
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In Smolyn v. Tyco Integrated Sec. LLC, No. 1:14-CV-56 (GLS/CFH), 2016 WL 4120325 (N.D.N.Y. July 28, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on her pregnancy and gender discrimination claims. As to plaintiff’s pregnancy discrimination claim, the court explained: The court finds that a jury could reasonably conclude that…

Read More Pregnancy & Gender Discrimination Claims Survive Summary Judgment, Notwithstanding Reduction-in-Force Rationale for Termination
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In Tiffany v. Dzwonczyk, 2016 WL 3661410 (N.D.N.Y. July 5, 2016), the court dismissed plaintiff’s claim asserting retaliation in violation of the Family and Medical Leave Act (FMLA). The court summarized the law: The Second Circuit recognizes two claims under the FMLA: (i) interference with FMLA rights; and (ii) retaliation for exercising FMLA rights. … To…

Read More FMLA Retaliation Claim Dismissed; Yearlong Work Absence Was Not FMLA-Protected, Evidence of Causation Lacking
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In Imperato v. Otsego Cty. Sheriff’s Dep’t, No. 13-cv-1594, 2016 WL 1466545 (N.D.N.Y. Apr. 14, 2016), the court held that plaintiff submitted sufficient evidence to overcome summary judgment on her sex-based hostile work environment claim. From the decision: Here, while the evidence before the Court is lacking in specifics regarding instances of discriminatory conduct directed toward…

Read More Upstate Corrections Officer Survives Summary Judgment on Gender-Based Hostile Work Environment Claim
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In Alex v. Gen. Elec. Co., No. 12-cv-1021, 2016 WL 1057042 (N.D.N.Y. Mar. 14, 2016), the court dismissed plaintiff’s race-based hostile work environment claim. From the decision: Plaintiff’s deposition testimony that one or more unidentified co-workers told Plaintiff that Defendant Lanoue had referred to Plaintiff as “N—–” (behind her back) is inadmissible. Specifically, the alleged statements…

Read More Court Dismisses Race Discrimination/Hostile Work Environment Claim; “N-Word” Evidence Was Inadmissible Hearsay
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In Lai v. Deiorio Foods Inc., 2016 WL 814930 (NDNY Feb. 29, 2016), the court held that the (pro se) plaintiff plausibly alleged claims of employment discrimination and retaliation. Plaintiff, a Vietnam-born naturalized U.S. citizen, alleged that her Bosnian supervisor “discriminated [against], harassed, intimidated, and threatened her on a regular basis” and that she was constructively…

Read More Vietnamese Plaintiff Plausibly Alleges Employment Discrimination by Citing Examples of Bosnian Favoritism
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